Excessiveness of Prices as an Abuse of Dominant Position: The Case of India

  • Augustine Peter
  • Neha Singh
Part of the International Law and Economics book series (ILEC)


Competition Act, 2002, successor to MRTP Act, 1969, addresses unfair/excessive pricing in three ways: price overcharge through horizontal agreements, RPM coupled with self-administered MRP and, finally, AoD, which is the focus of the chapter. While being careful not to chill the dynamic effects in the market, case-specific factors are scrutinized by the Commission before arriving at excessiveness of price. Cost, profitability, industry average price, prices in similar markets, etc. though important, have not been found to be conclusive of excessive pricing. Unscientific market definition, presence of IPR and high-tech industries may render identification of excessive prices difficult. In regulated sectors, the Commission is cautious in intervening though it possesses the mandate. Peter and Singh also touch upon remedies for addressing the issue in the Indian context. Division of enterprise and compulsory licensing are remedies in extreme cases.



  1. Duque, O. V. Excessive pricing: A view from Chile. The University of Oxford Centre for Competition Law and Policy, Working Paper CCLP (L) 41.Google Scholar
  2. Motta, M., & de Streel, A. (2007). Excessive pricing in competition law: Never say never? In The pros and cons of high prices (pp. 14–46). Stockholm: Konkurrensverket Swedish Competition Authority.Google Scholar


  1. Dabbah, M. M. (2004). EC and UK competition law: commentary, cases and materials. Cambridge: Cambridge University Press.Google Scholar
  2. Dugar, S. M. (2016). Guide to competition law (6th ed.). New Delhi: Lexis Nexis.Google Scholar
  3. Seshagiri Rao, P. (2012). Law of mines and minerals. Hyderabad: Asia Law House.Google Scholar
  4. Motta, M. (2008). Competition policy theory and practice. Cambridge: Cambridge University Press.Google Scholar
  5. Bellamy, C., & Child, G. (2001). In P. M. Roth (Ed.), European community law of competition (5th ed.). London: Sweet & Maxwell.Google Scholar
  6. O’Donoghue, R., & Padilla, J. (2006). The law and economics of Article 82 EC. Oxford: Hart Publishing.Google Scholar
  7. Whish, R., & Bailey, D. (2015). Competition law. Oxford: Oxford University Press.CrossRefGoogle Scholar

Chapters in Books

  1. Motta, M., & de Streel, A. (2006). Exploitative and exclusionary excessive prices in EU Law. In D. Ehlermann & I. Atanasiu (Eds.), What is an abuse of a dominant position? (pp. 91–125). Oxford: Hart Publishing.Google Scholar
  2. Fletcher, A., & Jardine, A. (2008). Towards an appropriate policy for excessive pricing. In C. D. Ehlermann & M. Marquis (Eds.), European competition law annual (2007): A reformed approach to Article 82 EC. Oxford: Hart Publishing.Google Scholar


    Supreme Court of India

    1. Competition Commission of India v. M/s Fast Way Transmission Pvt Ltd & Ors, CA No 7215/2014.Google Scholar
    2. Union of India & anr v Cynamide India Ltd & anr 1987 AIR 1802.Google Scholar

    Delhi High Court

    1. Telefonaktiebolaget LM Ericsson (PUBL) v. Competition Commission of India and Anrs W.P.(C) 464/2014 & CM Nos. 911/2014 & 915/2014.Google Scholar

    Competition Appellate Tribunal (now National Company Law Appellate Tribunal)

    1. Toyota Kirloskar Motors v Competition Commission of India and Ors, Appeal No. 60/2014 dated 09/12/2016.Google Scholar

    Monopolies and Restrictive Trade Practices Commission

    1. State of Andhra Pradesh v Mahyco Monsanto Biotech, Case No. RTPE 05/2006 and Interim Application No. 05/2006.Google Scholar

Competition Commission of India


    1. Aditya Automobile Spares against Kotak Mahindra Bank, Case No. 103/2016.Google Scholar
    2. Ajit Mishra against Supertech Limited, Case No. 03/2013.Google Scholar
    3. A. K. Jain against The Dwrakadhis Project, Case No. 43/2012.Google Scholar
    4. Akhil R. Bhansali against Skoda Auto India, Case No. 44/2017.Google Scholar
    5. All Odisha Steel Federation against Odisha Mining Corporation, Case No. 12/2012.Google Scholar
    6. All Odisha Steel Foundation against Odisha Mining Corporation, Case No. 13/2012.Google Scholar
    7. Aluminium Phosphide Tablets Manufacturers, Case No. Suo Moto 02/2011.Google Scholar
    8. Amitabh Anand Parkash Agarwal against Dakshin Haryana Bijli Vitran, Case No. 01/2016.Google Scholar
    9. Anonymous against Bengal Greenfield Housing, Case No. 103/2013.Google Scholar
    10. Arshiya Rail Infrastructure Limited against Ministry of Railways and Container Corporation of India, Case No. 64/2010, 12/2011 and 02/2011.Google Scholar
    11. Arvind Kumar Sachdeva against EMAAR MGF, Case No. 102/2013.Google Scholar
    12. Association of Indian Mini Blast Furnaces against National Mineral Development Corporation, Case No. 15/2013.Google Scholar
    13. Atos Worldline against Verifone, Case No. 56/2012.Google Scholar


    1. Bajrang Steel & Alloys Pvt Ltd. against Western Electricity Supply, Case No. 65/2011.Google Scholar
    2. Best IT World against Ericsson, Case No. 04/2015.Google Scholar
    3. Bharti Verma against Global Information Systems Technology, Case No. 48/2015.Google Scholar
    4. BIG CBS Network against TATA Sky, Case No. 36/2012.Google Scholar
    5. Biocon and Mylan against Hoffman-La Rosche, Case No. 68/2016.Google Scholar
    6. Builders Association of India against Cement Manufacturers Association and Ors, Case No. 29/2010.Google Scholar


    1. Capt. Deepak Shrikrishnarao against Tata Housing Development, Case No. 37/2017.Google Scholar
    2. Cine Prekshakula Viniyoga Darula Sangh and Consumers Guidance Society against Hindustan Citizen Grievances Redressal Foundation against Mumbai International Airport and Delhi International Airport, Case No. 51/2013.Google Scholar
    3. Consumer Guidance Society against Hindustan Coca Cola Beverages, Case No. RTPE 16/2009 and Case No. UPTE 99/2009.Google Scholar


    1. DLF City Members Welfare Association against DLF Recreational Foundation, Case No. 25/2013.Google Scholar
    2. Dalip Singh Arshi against Aerens Jai Reality, Case No. 11/2014.Google Scholar
    3. Deepak Kumar Jain against TDI Infrastructure, Case No. 40/2014.Google Scholar
    4. Deepak Verma against Clues Network, Case No. 34/2016.Google Scholar
    5. Department of Agriculture, Cooperation & Farmers Welfare, Ministry of Agriculture & Farmers Welfare against Mahyco Monsanto Biotech (India) Limited, Reference, Case No. 2 of 2015 & Case No. 107 of 2015.Google Scholar
    6. Dish TV India against Hathway Cable and Ors, Case No. 78/2013.Google Scholar
    7. Dr Anoop Bhagat against Spectra Medical Systems and Solta, Case No. 57/2012.Google Scholar


    1. ESYS Information Technologies against Intel, Case No. 48/2011.Google Scholar


    1. Faridabad Industries Association against Adani Gas, Case No. 71/2012.Google Scholar
    2. Fx Enterprises against Hyundai, Case No. 36 and 82/2014.Google Scholar


    1. Gautam Dhawan against Parsvanath Hessa Developers, Case No. 69/2014.Google Scholar
    2. Geeta Kapoor against DLF Qutab Enclave Complex Educational Charitable Trust, Case No. 16/2015.Google Scholar
    3. Ghamshyam Das Vij against Bajaj Corporation, Case No. 68/2013.Google Scholar
    4. Global Tax Free Traders against William Grant, Case No. 87/2013.Google Scholar
    5. Gujarat Textiles Processors Association against Gujarat Gas Company, Case No. 50/2011 and 02/2011.Google Scholar


    1. HNG Float Glass against Saint Gobain, Case No. 51/2011.Google Scholar
    2. HT Media against Super Cassettes, Case No. 40/2011.Google Scholar


    1. Indian Paint & Coating Association against Kanoria Chemicals, Case No. 42/2016.Google Scholar
    2. Intex Technologies against Ericsson, Case No. 76/2013.Google Scholar
    3. Iqbal Singh Gumber against Purearth Infrastructure, Case No. 10/2012.Google Scholar


    1. Jasper Infotech against Kaff Appliances, Case No. 61/2014.Google Scholar


    1. Kapoor Glass against Schott Glass, Case No. 22/2010.Google Scholar


    1. Lalita Ramakrishnan against Vatika, Case No. 65/2012.Google Scholar


    1. Maharashtra State Power Generating Company and Anrs against Coal India and Ors, Case No. 03, 11 & 59/2012.Google Scholar
    2. Manjit Singh Sachdeva against Director General of Civil Aviation, Case No. 68/2012.Google Scholar
    3. MCX against National Stock Exchange, Case No. 13/2009.Google Scholar
    4. Metal Rod against Religare, Case No. 28/2010.Google Scholar
    5. Micromax against Ericsson, Case No. 50/2013.Google Scholar
    6. Mir Jawwad Ali against Standard Chartered Bank and Ors, Case No. 35/2011.Google Scholar
    7. Mukul Kumar Govil and Anshu Bansal against ET Infra Developers, Case No. 5 and 6/2016.Google Scholar


    1. Neeraj Malhotra against North Delhi Power Limited, Case No. 06/2009.Google Scholar
    2. North Delhi Power Ltd. against BSES and Ors, Suo Moto Case No. UTPE 45/2005 and Case No. RTPE 19/2008.Google Scholar


    1. PDA Trade Fairs against India Trade Promotion Organization, Case No. 48/2012.Google Scholar
    2. Prime Magazine against Wiley, Case No. 07/2016.Google Scholar
    3. Prints India against Springer India, Case No. 16/2010.Google Scholar


    1. Raj Kamal Bhatia against Supertech Limited, Case No. 77/2013.Google Scholar
    2. Ramamurthy Rajagopal against Doctor’s Associates, Subway, Case No. 90/2014.Google Scholar
    3. Randhir Kaur Sidhu against Fargo Estate, Case No. 18/2011.Google Scholar
    4. R. V. Ramgopal against Shri Ram Transport Company Ltd., Case No. 60/2011.Google Scholar


    1. Satyendra Singh against Ghaziabad Development Authority, Case No. 86/2016.Google Scholar
    2. Saurabh Bhargava against Secretary, Ministry of Agriculture & Corporation, Case No. 70/2011.Google Scholar
    3. Saurabh Tripathi against Great Eastern Energy Corporation, Case No. 63/2014.Google Scholar
    4. Shamsher Kataria against Honda Siel, Case No. 03 of 2011.Google Scholar
    5. Shahi Exports against Lakshmi Machine Works, Case No. 72/2012.Google Scholar
    6. Shivam Enterprises against Kiratpur Sahib Truck Operators, Case No. 43/2013.Google Scholar
    7. Shivang Aggarwal against Supertech Noida, Case No. 28/2012.Google Scholar
    8. Shree Hari Inn against Mercedes Benz, Case No. 93/2016.Google Scholar
    9. Shubham Sanitary Wares against Hindustan Sanitary Wares, Case No. 99/2013.Google Scholar
    10. S. K. Sharma, Deputy CMM-IV, North Western Railways against M/s RMG Polyvinyl India Ltd. & Ors, Case No. RTPE 31/2008.Google Scholar
    11. South City Group Housing Apartment Owners Association against Larsen & Tubro, Case No. 49/2011.Google Scholar
    12. Sponge Iron Manufacturers Association against National Mineral Development Corporation, Case No. 69/2012.Google Scholar
    13. Sudarshan Kumar against Delhi Development Authority, Case No. 78/2016.Google Scholar
    14. Sunil Chowdhary against TDI Infrastructure, Case No. 27/2014.Google Scholar


    1. TDI Fun Republic Association against E-City Property, Case No. 05/2014.Google Scholar
    2. Tunuguntla Chandra Shekhar against S. G. Estates Ltd., Case No. 80/2013.Google Scholar
    3. Turbo Aviation Pvt Ltd. against Bangalore International Airport Ltd. and Anrs, Case No. 59/2015.Google Scholar


    1. Venkat Reddy against Shri Ram Transport Company Ltd., Case No. 14/2011.Google Scholar
    2. Vidarbha Industries against Maharashtra State Power Generation Company Ltd., Maharashtra State Electricity Distribution Company, and Ors, Case No. 12/2014.Google Scholar
    3. Vishwambhar Doiphode against Vodafone, Case No. 04/2016.Google Scholar
    4. Vivek Sharma against Becton Dickinson and Max Super Speciality Hospital, Case No. 77/2015.Google Scholar


    1. XYZ against Association of Man-made Fibre against Grasim Industries, Case No. 62/2016.Google Scholar


    1. Yashpal Raghubir Mertia against Aura Real Estate, Case No .14/2016.Google Scholar
    2. Yeshwanth Shenoy against Air India, & Ors, Case No 98/2015.Google Scholar


    1. United Brands Co.againstCommission [1978] ECR 207, Case No. 27/76.Google Scholar



    1. The Airport Economic Regulatory Authority of India Act, 2008.Google Scholar
    2. The Competition Act, 2002.Google Scholar
    3. The Coking Coal Mines (Emergency Provisions) Act, 1971.Google Scholar
    4. The Coal Mines (Taking Over of Management) Act, 1973.Google Scholar
    5. The Coking Coal Mines (Nationalisation) Act, 1972.Google Scholar
    6. The Coal Mines (Nationalisation) Act, 1973.Google Scholar
    7. The Electricity Act, 2003.Google Scholar
    8. The Essential Commodities Act, 1955.Google Scholar
    9. The Insurance Regulatory and Development Authority Act, 1999.Google Scholar
    10. The Petroleum and Natural Gas Regulatory Board Act, 2006.Google Scholar
    11. The Real Estate (Regulation and Development) Act, 2016.Google Scholar
    12. The Telecommunications Regulatory Authority of India Act 1997.Google Scholar


    1. Decree Law No 211.Google Scholar


    1. Treaty on the Functioning of the European Union.Google Scholar

    South Africa

    1. The Competition Act, 1998.Google Scholar


    1. Acts against Restraints of Competition.Google Scholar

Government Orders

  1. Seed Variety Notification, S.O. 686 (E) dated 08/03/2016, Government of India.Google Scholar


  1. International Energy Agency. (2009). Petroleum prices, taxation and subsidies in India.Google Scholar
  2. OECD. (2017). Competition issues in aftermarkets: Note from India, Directorate for Financial and Enterprise Affairs Competition Committee (2017).Google Scholar
  3. OECD. (2011). Policy roundtables on excessive prices, DAF/COMP 18.Google Scholar

Working Papers

  1. Bhatnagar, M. (2015). Competition and regulatory issues in coal sector in India, CIRC Working Paper 11, CUTS Institute for Regulation & Competition.Google Scholar
  2. Geradin, D. (2007). The necessary limits to the control of ‘excessive’ prices by competition authorities: A view from Europe. Tilburg University Legal Studies Working Paper.Google Scholar
  3. Evans, D. S., & Padilla, A. J. (2004) Excessive prices: Using economics to define administrable legal rules, CEMFI Working Paper No. 0416.Google Scholar
  4. Plessis, L., & Blignaut, L. Staying safe: Dominant firms’ pricing decisions in industries where high prices do not attract entry, presented in Third Annual Competition Commission, Competition Tribunal and Mandela Institute Conference on Competition Law, Economics and Policy in South Africa.Google Scholar
  5. Singh, V. V., & Mitra, S. Regulatory management and reform in india, Background Paper for OECD, CUTS International.Google Scholar

Copyright information

© Springer International Publishing AG, part of Springer Nature 2018

Authors and Affiliations

  • Augustine Peter
    • 1
  • Neha Singh
    • 1
  1. 1.Competition Commission of IndiaNew DelhiIndia

Personalised recommendations